Case law

United States v. Eusebio Whittaker Bent, Jose Compaz Cuerro, Ramon Antonio Pena Bello, Jose Gutierez, Victor Paredes, Victor Quinones, Robert P. Ybarra, Milton Brinkley Payne, United States of America v. Jason Newball Steele

707 F.2d 1190 · Court of Appeals for the Eleventh Circuit · Jun 20, 1983

We cannot reverse the district court's decision to admit the evidence unless that decision was clearly erroneous. United States v. … Quinones argues this was clearly beyond the scope of cross-examination, but we disagree.

United States v. Blue Cross/blue Shield of Alabama

999 F.2d 1542 · Court of Appeals for the Eleventh Circuit · Sep 8, 1993

The policies undoubtedly qualify as policies “under which ... the expenses of [health] services are paid.” 38 U.S.C. § 1729 (i)(1)(A). … The medigap policies issued by Blue Cross clearly operate to prevent recovery by the United States.

S & H Contractors, Inc., a Corporation v. A.J. Taft Coal Company, Inc., a Corporation, A.J. Taft Coal Company, Inc. v. S & H Contractors, Inc.

906 F.2d 1507 · Court of Appeals for the Eleventh Circuit · Jul 30, 1990

We conclude that this contract clearly provides for a transaction of an intrastate nature. … The facts clearly show that S & H’s services were not so connected to the sale.

Brandon Lee Williams v. The City of Montgomery

Court of Appeals for the Eleventh Circuit · Dec 21, 2020

The district court dismissed Williams’s claims under federal law based on qualified immunity and his claims under state law based on discretionary-function immunity. … Officers enjoy qualified immunity from civil damages for their discretionary acts so long as their “conduct violates no clearly established statutory or constitutional rights of which a reasonable person would have known

Karen L. Haven v. The Board of Trustees of Three Rivers Regional Library System

625 F. App'x 929 · Court of Appeals for the Eleventh Circuit · Aug 27, 2015

As the governmental entity invoking the Eleventh Amendment, the Library “bears the burden of demonstrating that it qualified as an arm of the state entitled to share in its immunity.” 3 See Woods v. … Although the district court dismissed the complaint for lack of subject-matter jurisdiction based on Eleventh Amendment immunity, the court never analyzed or determined whether the Library met its burden of establishing

James D. Ray v. The Tennessee Valley Authority

677 F.2d 818 · Court of Appeals for the Eleventh Circuit · Jun 4, 1982

For a prior judgment to bar a subsequent action, it is firmly established (1) that the prior judgment must have been rendered by a court of competent jurisdiction; (2) that there must have been a final judgment on the merits … As this court recently observed: For a case to arise under federal law, a right or immunity created by that law must be an essential element of the plaintiff’s claim; the federal right or immunity that forms the basis of

George Kelly, Cross-Appellee v. Jim Smith, Etc., Cross-Appellants

764 F.2d 1412 · Court of Appeals for the Eleventh Circuit · Jul 9, 1985

Defendants Jim Smith and Dennis Kelly (the city manager) also argue that they are entitled to qualified immunity since their conduct violated no established right of plaintiff Kelly.

Haynes Ambulance Service, Inc. v. State of Alabama

36 F.3d 1074 · Court of Appeals for the Eleventh Circuit · Nov 1, 1994

Section 1395Í (a) commands that the federal government shall pay 80% of the reasonable charges for Part B services; these reasonable charges are established by the Secretary pursuant to Medicare § 1395w-4(b). … It is clear that the cost sharing provisions of § 1396d(p)(3) include not only Part B costs but also Part A costs, and § 1396a(n) clearly applies with equal force to both Parts A and B.

Equal Employment Opportunity Commission v. Pet Inc., Funsten Nut Division

719 F.2d 383 · Court of Appeals for the Eleventh Circuit · Nov 7, 1983

The manner in which this standard should be applied was further qualified in Christiansburg. … Pet’s argument would clearly have been relevant in rebuttal to EEOC’s statistical proof.

Eugene Steele v. National Firearms Act Branch

755 F.2d 1410 · Court of Appeals for the Eleventh Circuit · Mar 22, 1985

Defendants Reno, Cruz, and Marcus were qualified to sign the form but refused to do so. Appellant alleged further that he could not obtain the signature of any other qualified signer. … Appellant’s complaint clearly alleged an injury in fact: Steele’s inability to sell the firearms that were part of his inventory.

United States v. Salman Mohammed Salman

378 F.3d 1266 · Court of Appeals for the Eleventh Circuit · Jul 29, 2004

Critzer clearly indicates that the district court’s ruling in this case is inappropriate. 4 the trial court). … currently no authority within the Federal Rules of Criminal Procedure for granting a motion to 5 (1969) (stating that evidentiary questions concerning whether the defendant established

Rufus J. Dickerson, Jr. v. James E. Donald

252 F. App'x 277 · Court of Appeals for the Eleventh Circuit · Oct 18, 2007

Qualified immunity “shields governmental officials executing discretionary responsibilities from civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … Accordingly, because it is clear that the defendants were executing discretionary responsibilities and did not violate Dickerson’s rights, they were protected by qualified immunity.

Mike Redford v. Gwinnett County Judicial Circuit

350 F. App'x 341 · Court of Appeals for the Eleventh Circuit · Sep 25, 2009

“[A] preliminary injunction is an extraordinary remedy not to be granted unless the movant clearly established the ‘burden of persuasion’ as to each of the four prerequisites.” … We have also stated the “[t]he defense of sovereign or qualified immunity protects government officials not only from having to stand trial, but from having to bear the burdens attendant to litigation, including pretrial

Joshua Debernardis v. IQ Formulations, LLC

942 F.3d 1076 · Court of Appeals for the Eleventh Circuit · Nov 14, 2019

Specifically, DMBA, one of the ingredients in the supplements, qualified as a “new dietary ingredient.” … were necessary to establish standing.

Pier 1 Cruise Experts, Corp. v. Revelex Corp.

929 F.3d 1334 · Court of Appeals for the Eleventh Circuit · Jul 11, 2019

I think, in all fairness, there’s been an established contract in the scope of work, and we’re no longer contesting that the scope of work is not a contract. … Either (1) the court enforces the clause, thereby immunizing the beneficiary from liability on the contract, or (2) the court invalidates the entire contract, thereby … you guessed it, immunizing the beneficiary from liability

United States v. Robert Buter, A.K.A. Robert Le Blanc, Etc.

229 F.3d 1077 · Court of Appeals for the Eleventh Circuit · Oct 18, 2000

Further, for the first time on appeal, Buter claims that the court erred in imposing a $1,500 fine because the record conclusively established his inability to pay. … To qualify as a sentence of imprisonment, the defendant must have actually served a period of imprisonment on such sentence.

Charles Larry Jones v. United States

304 F.3d 1035 · Court of Appeals for the Eleventh Circuit · Jun 18, 2002

. § 2255 motion in another § 2255 petition in a related case qualifies to equitably toll the statutory limitation period. … Because Jones has failed to establish that he qualifies for equitable tolling of the one-year limitation period, the district judge's denying Jones's § 2255 motion as untimely in this appeal is AFFIRMED.18 18

Lucy WALKER, Plaintiff-Appellant, v. JEFFERSON COUNTY HOME, Et Al., Defendants-Appellees

726 F.2d 1554 · Court of Appeals for the Eleventh Circuit · Mar 16, 1984

Walker was certified as qualified and was referred to the Home with two other candidates, both of whom were white and one of whom was McCutcheon. … Although the district court found that Walker was not “qualified,” the court noted that circumstances that occurred in 1972 complicated the issue.

Estate of Shelfer v. Commissioner of Internal Revenue

86 F.3d 1045 · Court of Appeals for the Eleventh Circuit · Jul 1, 1996

(ii) Qualifying income interest for life. … Under those circumstances, Congressional goals will be served because the stub income will clearly be taxable and the couple will be considered one economic unit.

Transouth Financial Corporation of Florida v. Ralph Jennings Johnson, Vera Johnson

931 F.2d 1505 · Court of Appeals for the Eleventh Circuit · May 29, 1991

The Stipulation establishes that the elements of a Section 523 discharge have been met. … The Note clearly and unambiguously provides that the Johnsons would be liable for TranSouth’s attorney’s fees in the event the Johnsons defaulted and TranSouth had to hire an attorney to collect the balance due on the Note